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    • Thank you honeybee if you would my head is mashed now. You guys our savers.  H
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    • Which Court have you received the claim from ? Northampton  Name of the Claimant ? Overdales solicitors  How many defendant's  joint or self ?  Self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.  13 may 2024 What is the claim for – the reason they have issued the claim? the claim is for the sum of £6163.61due by the defendant under an agreement regulated by the consumer credit act 1974 for hsbc uk bank plc. Account 4546384809766042. The defendant faild to maintain contractual payments required by the agreement and a default notice was served under s 87(1)  of the consumer credit act 1974 which as not been compiled with. The dbt was legally assigned to the Claimant on 23/08/23, notice on which as been given to the defendant.  The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £117.53 the Claimant claims the sum of £6281.14. Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?   Not to my knowledge. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  No Do you recall how you entered into the agreement...On line /In branch/By post ?  Online but it was for a smaller amount they kept on increasing this with me asking Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  It was assigned to a debt collection agency  Were you aware the account had been assigned – did you receive a Notice of Assignment? yes  Did you receive a Default Notice from the original creditor?  Yes I also made offers to pay original creditor a smaller amount but was not replied to Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  No Why did you cease payments? I was made redundant and got a less paid job I also spent some time on furlough during covid and spent some 3 months on ssp off work. What was the date of your last payment?  May 2021 Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes at the time I communicated with all my creditor's that I was running out of funds to pay the original agreements once my redundancy money ran out that was when my accounts defaulted. I then wrote to all my creditor's with pro rata offers of payments but debt collectors took over the accounts.
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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BigCol45 v RBoS hes done it and ***WON ***


BigCol
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Hi All,

Glad to hear some of you are sorting these banks out & winning your causes.

 

I am at the point where i have written my reply to Cobbetts and am including a schedule of charges, these are ready to post.

 

I also have my Allocation Questionare which has to be returned by 27th Sept, i am about to complete the AQ but dont want to make any mistakes after this long saga, can any of you offer any assistance for completing the questionare.

 

Cheers,

Peanut

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There you go Peanut...just click on the link below....

 

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

btw....do you have your own thread? I'm not being upperty or anything, it's just that people can help you a lot more if everything you're going through is documented in one thread:)

 

Wxx

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I believe Miss B is on holiday at the moment.

I recieved their AQ this week and in it they say as they have not rec the further info requested then a case management cant happen and they will ask for a strike out.

I called Cobblers and asked them what info they were saying they had not got...I had faxed this over previously and had confirmation that they got it from ms B by e mail.

The woman I spoke to said she knew nothing about it.

I immediately faxed the court a letter (the court has a copy of the Replies I sent following Cobblers request )

 

Yesterday I was reading Toilet Bandits thread too (Nat West ) and Cobbetts are seemingly trying to make a part 36 without pred offer.

Coupled with their Cpr part 18s they obviously need to brush up on their knowledge of CPR I am thinking of writing a complaint to the Law Society and suggest everyone else does the same to put an end to Cobblers Bullying tacs.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi Martin, count me in!

 

They have done nothing but bully me since day one, even breaking banking rules to intimidate me. I have sent all our corresponsdance to the Court and part of me (the brave part!) hopes for my day in Court to show them for what they really are.

 

In one of my letters to them, I asked them to provide me with evidence that the Judge had requested further information....low and behold, in their subsequent letter there was no mention of this but they made me an offer....barstewards:mad:

 

The Judge will be allocating a date for my case next week (I've just called the Court) so, I still don't know when it'll be......I just wonder what the Judges think about their letters, seen as these cases never get to Court, I'd love to know what they think when they read the cobblers from cobbetts!!

 

Wxx

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Ignore their stalling and dont give them more time.

They know the procedures......but maybe think you dont.

As soon as the 14 days are up carry on to the next stage.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Will send off my LBA over weekend and post Monday

 

Do you mean your gonna send it twice!? :-)

 

 

"I feel sorry for people who don't drink. When they wake up in the morning, that's as good as they're going to feel all day.”

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Unicorn I see you have at least 4 threads ????

 

Would be a good idea to merge them all !

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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You lot are very good to me.

Awwwww no problem honey:)

 

And remember when you don't get a response, just bump it the next day (I know you have to be persistent sometimes!!!) ;)

 

Wxx

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Unicorn provided Bigcol agrees then its ok with us.

 

Bigcol has the biggest views on the RBS thread in fact no other RBS user has ever attracted these numbers.

 

The reason in part is that other RBS claimants at a similar stage,are working together,and filling eachother in with updates.

I can think of no other thread on this site that has been so constructively applied between its posters (certainly none that are currently ongoing )

 

I applaud you all in these workings together.

 

In particular Bigcol who has continued to remain informative at every level.

Well done guys.(as a RBS claimant myself too )

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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awwwwww Willow of course you have done a great job too...:p

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I agree guys. Well done!

 

The downside..........it seems to be increasingly more difficult to get any replies to my own thread :(

14/09/2006 - Data Protection Act letter sent to my bank.............here goes :D

28/09/2006 - Statements received through the post. Charges appear to be in the region of £2000 :eek:

04/10/2006 - Prelim letter sent for charges of £2037 :rolleyes:

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awwwwww Willow of course you have done a great job too...:p

LMAO...thanks Martin:p

 

Don, will you bump it so we can have a look for you?

 

Wxx

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unicorn..........bumping just means replying to your own thread so that it 'bumps' it up to the top of the forum :)

 

Gav

14/09/2006 - Data Protection Act letter sent to my bank.............here goes :D

28/09/2006 - Statements received through the post. Charges appear to be in the region of £2000 :eek:

04/10/2006 - Prelim letter sent for charges of £2037 :rolleyes:

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I only recently found out what 'bumping' means myself.

 

Bring Up My Post.....so, if you have asked a question which hasn't been answered with 24 hrs or so (depending on urgency) then post 'bump' to bring it to the top of the forum again....ok?

 

Wxx

 

Oh and I think only mods can merge threads.

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Will sort it for you Unicorn.:)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Just wanted to say a big thank you to all of you here who have helped and inspired me to fight the good fight as they say. I have just spent the last hour reading through all of BigCol's thread and although at times its very scary, you all seem to be so determined. I haven't reached the court stage yet, but i'm sure my time will come soon. I've noticed that most of you have been using Moneycol and i believe this is for use in England only. As i'm in Scotland i presume it will be slightly different for me. Iis there anyone in this thread that has filed in scottish court yet? Would be helpfull to know what i'm going to be up against.

:grin: WON

GOLDFISH £291.90

MARBLES £174.47

RBOS VISA £232.19

AMEX (BLUE) £148.40

BARCLAYCARD £251.31

AMEX (BA) £151.50

RBOS M/C £222.00

RBOS (MY ACC) £430.00

BARCLAYS £505.00

MBNA £250.00

RBOS (JOINT) £2975.00

:grin:

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Unicorn, worth reading through some more of the threads on BOS/ RBS as well as the Scotland forum. The main differences are that in scotland, you can only go back 5 years instead of 6 and the max amount through small claims court is £750 instead of £5K. You can go up a level to "summary cause" which covers claims to 1500, but expose yourself to potential court costs should it go that far and you lose. Not that you will.....no-one does!

  • Confused 1

1/9/06 RBS claim #1

8/11/06 - claim settled

17/11 claim #2 started - incl creditcard

30/11 - CC statements received

31/11 - Prelims issued - RBS paying up, only M/C to go)

 

If any of my advice/ info has been helpful, please click the scales:D

 

Please also remember that any advice is given from my own experience and in good faith as a lay person. If in doubt, please contact a qualified professional:)

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Cor,

 

I don't know, go "away" for a few days and look what's happened. Thanks for those kind words Martin, I'm just glad everone has been working together, we'll get 'em.

 

Meanwhile back on Planet BC, I've heard nothing from Cobblers (but MsB may have sent something to my work email), but the Newark CC have just sent through my Hearing date (6 Nov) and a copy of my N244 Application. Apparently, the Judge will look at this on the day of the Hearing. Cunningly, I also sent a copy to Ms B so let's see if all of my charges will be sorted in one go....

 

I expect something from Cobblers early next week!!

 

BC:p

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

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Guest BlueRuby
Bigcol has the biggest views on the RBS thread in fact no other RBS user has ever attracted these numbers.

 

Hey, I've had 3504 views :p:D and I'm not done yet ;)

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Hiya Col

 

Just bringing myself up to date on your thread, see cobblers are still up to the same old tricks, nearly there though now, settlement next week I reckon!!!

 

Stacy x

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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Hey, I've had 3504 views :p:D and I'm not done yet ;)

 

True Blueruby.......but you had over 8 weeks start !!!;)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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